Opinion
June 30, 1983.
Submitted on briefs May 11, 1983, to Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.
Appeal, No. 3091 C.D. 1980, from the Order of the Unemployment Compensation Board of Review in the case of In Re: Claim of Ronald Cole, No. B-189735.
Application to the Office of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Appeal denied. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Michael Goldberg, for petitioner.
James Norris, Associate Counsel, with him Richard L. Cole, Jr., Chief Counsel, for respondent.
Ronald Cole (claimant) appeals an order of the Unemployment Compensation Board of Review (Board) which adopted a referee's decision to deny him benefits on the basis that his failure to report to work when released by his employer's physician, along with his excessive absenteeism, constituted willful misconduct under Section 402(e) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 802(e).
The claimant argues merely that his conduct did not rise to the level of willful misconduct. We have reviewed the record and the findings made below, however, and we believe that the findings were supported by substantial evidence even though conflicting testimony was introduced. Martin v. Unemployment Compensation Board of Review, 36 Pa. Commw. 304, 387 A.2d 998 (1978). Simply stated, the factfinder exercised his clear authority to believe the employers' evidence and not the claimant's. Id. And, after carefully reviewing the Board's legal conclusion, we agree that the claimant's actions constituted a disregard of the standards of behavior which an employer has the right to expect of his employees and is therefore properly determined to be willful misconduct. Melignano v. Unemployment Compensation Board of Review, 48 Pa. Commw. 180, 409 A.2d 495 (1979); Geesey v. Unemployment Compensation Board of Review, 33 Pa. Commw. 376, 381 A.2d 1343 (1978).
We will therefore affirm the Board's order.
ORDER
AND NOW, this 30th day of June, 1983, the order of the Unemployment Compensation Board of Review in the above-captioned matter is hereby affirmed.